GDPR

Policy for the Processing of Personal Data

1. Introductory Provisions

1.1. The Company AGRI-PRECISION s.r.o., ID no: 293 00 444, with its registered office at Moravské Bránice 341, Postal Code 664 64, which is registered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert No. 72201, contact person: Ing. Michal Krutiš, executive director, contact e-mail address: info@agri-precision.cz (hereinafter also referred to as ‘the Company’ or ‘the Controller’), with regard to the necessity of fulfilling the obligations in the area of Personal Data protection arising in particular from Act No. 101/2000 Coll, 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) sets out the following principles for the Processing of Personal Data.

1.2. In this document, the Company provides information on which Personal Data it processes and for what purpose, and what rights and obligations belong to the persons whose Personal Data the Company processes. This document does not concern the Processing of Personal Data of the Company's employees.

1.3. This document may be revised and updated as necessary. 1.4. The Company processes Personal Data manually and automatically, and keeps records of all activities in which Personal Data is processed.

2. Basic Terms

2.1. The Company is the Controller of Personal Data, as it determines the purposes and means of processing Personal Data; it processes Personal Data itself or uses the services of other persons, i.e. processors, for this purpose.

2.2. Personal data is any information about an identified or identifiable natural person (hereinafter referred to as ‘Data Subject’); an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2.3. Processing of Personal Data means any operation or set of operations which is performed upon Personal Data or sets of Personal Data, whether or not by automated processes, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other disclosure, alignment or combination, restriction, erasure or destruction.

2.4. The Processor of Personal Data may be any natural or legal person or other entity that processes Personal Data for the Company as a Data Controller.

3. Basic Principles of Processing

3.1. When processing Personal Data, the Company

  1. processes Personal Data fairly, lawfully and transparently in relation to data subjects,
  2. collects Personal Data only for specified, explicit and legitimate purposes and does not further process it in a way that is incompatible with those purposes,
  3. only processes Personal Data that is adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed,
  4. only process Personal Data that is accurate and, where necessary, up-to-date; to this end, the Company shall take all reasonable measures to ensure that Personal Data that is inaccurate in relation to the purposes for which it is processed is erased or rectified without delay,
  5. stores Personal Data in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed,
  6. process Personal Data in a manner that ensures appropriate security of Personal Data, including protection by appropriate technical or organisational measures against unauthorised or unlawful processing and against accidental loss, destruction or damage.

3.2. The Company is responsible for compliance with all of the above principles and must be able to comply with the following principles.

3.3. The Company is only entitled to process Personal Data on the basis of one of the legal grounds of processing provided for by law. Only if there is no other legal ground for processing, the Company must obtain the Data Subject's consent.

4. Processed Personal Data

4.1. In connection with its activities, the Company processes the Personal Data listed below.

4.2. This concerns basic identification and address data

  1. name and surname,
  2. identification number, identification number
  3. registered office or contact address,
  4. contact telephone number,
  5. contact electronic (email) address.

4.3. If the Data Subject acts through a representative, the Company also processes the identification and address data of that representative.

4.4. In the case where a legal entity is the customer or communicates with the Company, the Company processes the following Personal Data attributable to this legal person, namely the name and surname of the person acting on behalf of the legal person; for this person we also process Personal Data relating to the contact telephone number and contact email address, function or job title.

4.5. The Company also processes

  1. customer's customer number
  2. data on the goods and/or services purchased (in particular the date of order, the date of conclusion of the contract, the date of delivery of the goods, the type, specification and quantity of the goods or services, the price),
  3. GPS location data of the customer's equipment,
  4. data obtained from monitoring and navigation systems obtained during their use by customers, where it can be linked to a specific natural person,
  5. data from communications between the Company and the customer (written or electronic communications, telephone records))
  6. payment behaviour data.

4.6. The Company shall continuously update the Personal Data processed, in particular if the Company discovers an inaccuracy in any of the Personal Data processed or if the Company receives information from the Data Subject about a change in any of the Personal Data processed.

5. Sale of Goods and Provision of Services

5.1. For the purpose of concluding and performing a contract for the sale of goods or provision of services, the Company processes the identification and address data (see Article 4.2) of the customer and, where applicable, his representative. If the contract is concluded by e-mail or telephone, the Company also processes the data concerning the electronic address and telephone number of the customer or the person acting on his behalf. If there is communication between the Company and the customer related to the process of concluding a contract or its performance, the Company also processes the Personal Data contained in this communication. Also for this purpose, the Company processes data relating to the subject matter of the contract and how the contract was concluded, i.e. in particular data relating to the goods or services ordered, the date of the order or the conclusion of the contract, the delivery of the goods or services and the price.

5.2. If a contract is concluded via the Company's online shop, which requires registration (creation of a customer account), the Company processes data relating to the login name, password and login date in order to verify the customer's identity.

5.3. The legal basis for the Processing of Personal Data under this Article is its necessity for the conclusion and performance of the contract. The Data Subject's consent to this processing is not required. The Company obtains this Personal Data from customers, and other data from the course of the business relationship. If the customer refuses to provide any of the above Personal Data to the Company or does not consent to its processing for this purpose, the Company would have to refuse to sell goods or provide services.

5.4. The Company shall process the Personal Data pursuant to this Article for the period necessary to achieve the purpose stated. If the customer fulfils all his/her obligations (including payment obligations) to the Company in connection with the purchase of goods or provision of services, the Company will cease processing Personal Data for this purpose after the expiry of the guarantee period, unless otherwise provided in this Policy.

5.5. If the customer provides the Company with Personal Data but no contract is concluded, the Company will terminate the Processing of Personal Data after three (3) calendar months from the date of the conclusion of the contract negotiations.

5.6. The Processing of Personal Data relating to the customer's account will be terminated by the Company after two (2) years from the customer's last login. In this case, the legal basis for the Processing of Personal Data is the necessity for the purposes of the Company's legitimate interest, which is to enable the customer to place an order without having to set up a new customer account.

6. Conduct of Litigation or Other Proceedings

6.1. In the event that the Company, a customer or any other person initiates a dispute or other proceeding to which the Company is a party, the Company processes Personal Data relating to identification and contact, goods or services supplied, the amount outstanding, as well as other data relating to the proceeding in the Company's possession.

6.2. The legal basis for the Processing of Personal Data under this Article is its necessity for the purposes of the legitimate interests of the Company, which is the protection of the Company's property and/or reputation. The Data Subject's consent to this processing is not required. The Company obtains this Personal Data from customers, from the persons who initiated the relevant proceedings, from the authority or person with whom the proceedings are pending, from public registers or other publicly available sources.

6.3. The Company processes the Personal Data according to this Article until the end of the proceedings or the termination of the related rights and obligations, for the fulfilment of which it is necessary to process these Personal Data.

7. Compliance with Legal Obligations

7.1. The Company also processes Personal Data for the purpose of fulfilling obligations imposed by law. For the reasons required by the Accounting Act and other legal regulations, in particular in the area of tax administration, the Company retains documents (in electronic or paper form) containing Personal Data for a specified period of time, in particular invoices and documents that provide the legal basis for the issuance of invoices (i.e., in particular orders and contracts) containing identification and address data of customers, data relating to goods sold and services rendered, prices billed.

7.2. The legal basis for the Processing of Personal Data under this Article is its necessity for the fulfilment of the Company's legal obligations. The Data Subject's consent to this processing is not required. The Company obtains this Personal Data from customers or in the course of a business relationship.

7.3. The Company processes Personal Data according to this Article for the period of time specified by law.

8. Dissemination of Commercial Communications and Use of Cookies

8.1. If the Company obtains an email address from the Customer pursuant to Section 5 of this Policy in connection with the sale of goods or provision of services, the Company shall be entitled to use such email address for the purpose of disseminating the Company's commercial communications regarding similar goods or services.

8.2. The prerequisite for the possibility of disseminating commercial communications according to Article 8.1. is that the customer has a clear and distinct possibility to refuse consent to such use of his/her email address in a simple manner, free of charge or at the Company's expense, even when sending each individual message, unless he/she has originally refused such use.

8.3. The legal basis for the Processing of Personal Data according to Article 8.1. is the necessity for the purposes of the legitimate interests of the Company, which is to carry out marketing. The Data Subject's consent to this processing is not required. The Company is entitled to process Personal Data until the customer informs the Company that he no longer agrees to this processing.

8.4. The Company is only entitled to disseminate commercial communications without meeting the conditions of Articles 8.1. and 8.2. by obtaining

8.5. If the Company obtains consent from a customer or other user of the Company's website to place cookies on their computer, the Company is entitled to place text files on that person's computer for the purpose of sending back information about that user's behaviour on the Company's website on the basis of that consent. Before giving consent under this Article, the person giving consent shall be informed that such consent may be withdrawn at any time.

8.6. The legal basis for the Processing of Personal Data under Article 8.5. is the consent of the Data Subject. Failure to provide such consent or withdrawal of such consent shall not affect the ability to purchase goods or provide services. The Company processes this Personal Data for the duration of the consent.

9. ransfer of Personal Data to Third Parties

9.1. The Company transfers Personal Data to another entity (e.g. a court or a tax authority) if it is required to do so by law or to comply with an obligation imposed by law or an enforceable decision of a competent authority.

9.2. The Company may use the professional and specialised services of other entities in the performance of its obligations under contracts or in the protection of its legitimate interests. If these suppliers process Personal Data transmitted from the Company, they have the status of data processors and process this Personal Data only within the framework of the instructions from the Company and may not use it otherwise. These are mainly services of a supplier of a corporate information system for the purpose of invoicing, payments, records of goods sold, provision of service activities for the operation and service supervision of the monitoring system, provision of cloud services related to individual products, activities of a provider of services for the creation and operation of websites and sending newsletters, services for the backup of corporate documents and operation of an email client, delivery services, bookkeeping. At the request of the Data Subject, the Company shall disclose whether and to which subject his or her Personal Data has been disclosed and other related information.

9.3. The Company carefully selects each such supplier and enters into a Personal Data processing agreement with each of them, which sets out the obligations to protect and secure Personal Data, including the obligation to maintain confidentiality.

9.4. The Company is only entitled to transfer Personal Data to those persons who provide sufficient guarantees by implementing appropriate technical and organisational measures to ensure that the processing complies with all the requirements set out in the legislation and that the rights of data subjects are protected.

9.5. The Company does not need the Data Subject's consent for this Processing of Personal Data, as otherwise the Company would not be able to fulfil its obligations under the contract, or the provision of such data is necessary for the purpose of the Company's legitimate interests.

9.6. If the Company transfers Personal Data to countries outside the European Union, this is always done under the conditions set out in the legislation.

10. Method of Processing and Access to Personal Data

10.1. Personal data is processed through the Company's information system, the security of which is regularly checked against loss of Personal Data and access by unauthorised persons. Access to the system is restricted according to the set management roles. The security of the transmission of Personal Data in electronic form to third parties is ensured by access to the Company's information system protected by a secure password. The information system is standard, its supplier provides the usual security guarantees, its functionality and security is regularly tested and maintained by an external supplier with whom the Company has a contract for the Processing of Personal Data.

10.2. The Company implements in particular the following technical and organisational measures when processing Personal Data:

  1. locking the Controller's spaces where Personal Data are processed,
  2. ocking Personal Data in hard copy in lockable cabinets,
  3. Processing of Personal Data only by the persons responsible;
  4. training of responsible persons on how to handle Personal Data.

10.3. Every action involving any handling of Personal Data is recorded in the Company's information system, including the details of the person who carried out the action.

10.4. The Company continuously updates the Personal Data processed, in particular in connection with changes notified by customers or identified by the Company from customers, other persons or other publicly available sources.

10.5. If the Company has already achieved the purpose of processing the Personal Data and has no further reason for processing it, it will delete the Personal Data without the possibility of recovery.

10.6. Access to Personal Data in the Company is limited to those persons for whom it is strictly necessary to achieve the purpose for which the Personal Data is processed. To this end, the Company is regularly audited.

10.7. Company employees who have access to Personal Data are properly trained on data protection and are obliged to maintain confidentiality.

11. Rights of the Data Subject

11.1. The Data Subject has the following rights in relation to the protection of Personal Data:

  1. o access his or her Personal Data, which includes in particular the right to obtain confirmation from the Company as to whether it processes his or her Personal Data, information on the purposes of the processing, the categories of Personal Data, the recipients to whom the Personal Data have been or will be disclosed, the planned duration of the processing, the existence of the right to request from the Controller the rectification or erasure of Personal Data relating to the Data Subject or the restriction of their processing or to object to such processing,
  2. to rectify inaccurate Personal Data; however, the Data Subject is also obliged to notify changes to his or her Personal Data and to provide evidence that such changes have occurred. He is also obliged to cooperate if it is established that the Personal Data processed about him is not accurate,,
  3. the right to erasure of Personal Data relating to him or her, unless the Company demonstrates legitimate grounds for processing such Personal Data,
  4. to restrict the Processing of Personal Data until the complaint is resolved, if he or she contests the accuracy of the Personal Data, the reasons for the processing or if he or she objects to the processing,
  5. the right to be notified of the rectification, erasure or restriction of the Processing of Personal Data, unless this proves impossible or requires disproportionate effort,
  6. the portability of the data in a structured, commonly used and machine-readable format and the right to request the transfer of such data to another Controller,
  7. object to the processing of his or her Personal Data on the grounds of a legitimate interest of the Company (e.g. to receive commercial communications); if it is not demonstrated that there is a compelling legitimate reason for the processing which overrides the interests or rights and freedoms of the Data Subject, the Company will terminate the processing without undue delay on the basis of the objection,
  8. to withdraw consent to the Processing of Personal Data at any time if the Company processes it on the basis of his/her consent; however, this withdrawal of consent will not affect the lawfulness of processing based on consent given before its withdrawal,
  9. contact the Office for Personal Data Protection (www.uoou.cz) with a complaint or suggestion.

12. Effectiveness

12.1. This Policy is effective from 25 5. 2018


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